This dvar Torah is dedicated in memory of יוסף בן מרי ורחמים
חג’ג’ לילוף
In this week’s double Torah portion of Acharei Mos/Kedoshim we find a very important and fundamental rule about the Torah. In Acharei Mos the Torah states, “Carry out My laws (משפטי) and safeguard My decrees (חקותי) to follow them; I am Hashem, your G-D” (Vayikra 18:4).
The Sifra (140) comments that carrying out laws refers to the things written in the Torah that even if they would not have been written would have made sense, ethically. For example: stealing, illicit relations, idolatry, cursing G-D, or murder. Even if those would not have been written, it makes sense to have them written down. The decrees, however, are purely moral rules those that the evil inclination can make up excuses against them, and gentiles can make excuses against them as well, for example, eating pig, wearing shaatnez, chalitza to a yevama, purifying a metzora, para aduma, or the goat that was sent off on Yom Kippur. Since the Yetzer Hara and the gentiles make up excuses against them, the Torah states: “I am Hashem;” I decreed them; you are not permitted to make up any excuses against them.
The Malbim explains what the Sifra is highlighting here from this pasuk. “Here they explain the difference between a חק, a decree, and a משפט, a law, even according to the simple explanation. That a decree is dependent on an obligation which is not known by itself through means of nature, mussar (character development), or common sense, rather only the one who made the decree knows the reason behind the matter. A law refers to something which common sense and mussar expects, and for the most part applies to laws between man and his fellow man, which is mainly figured out based on common sense. We also find that the laws of nature that Hashem put together their realistic parameters are called the decrees of the world meaning a חק, a decree. But the way He runs the world, and His intervention according to the ways of His creations are called laws (משפטים). About the decrees of Hashem whose reasonings are unknown, the evil inclination and gentiles make up excuses against them. That is why the pasuk writes ‘I am Hashem,’ the reasons are known to Me and I decreed them. That is why it emphasizes, ‘carry out’ by the laws and ‘safeguard’ by the decrees, because the safeguarding in one’s heart is easy in regard to laws because they are logical, but carrying them out can be hard since though you know their obligations one still lust to steal and take advantage of others because of the desires in their heart. But the decrees are the opposite, that safeguarding them in one’s heart is difficult, since they don’t really sit well in one’s mind and intellect.” (Click here for Hebrew text.)
The mitzvos of Hashem can be categorized into 2 different types: (1) laws that are logical and basically make sense to any ethical, logically thinking human being, and (2) decrees which are statutes of G-D that aren’t easily understandable, but are moral rules that must be followed because Hashem said so and He has a reasoning behind them. However, it sounds like these decrees, even if the reasoning behind them would be revealed, would still not sit well with the gentiles or the Yetzer Hara, the evil inclination, who both try to come up with excuses or reasonings why they sound silly and makes no sense. So, this is why Hashem emphasized that despite whatever answer or excuse one could make up, to not follow them; still I am Hashem and you must believe in Me and My decrees.
An example of a decree which seems to have thoughtful and reasonable logic expressed by the commentaries is found in the second Torah portion of the week, Kedoshim, there the Torah states, “You shall observe My decrees: You shall not crossbreed your livestock with different species. You shall not sow your field with a mixture of seeds, and a garment which has a mixture of shaatnez shall not come upon you” (Vayikra 19:19).
This pasuk discusses the prohibition of kilayim, forbidden mixtures. Rabbeinu Bachye shares a reason for these prohibitions: “According to the simple understanding the reason for the prohibition of forbidden mixtures is because all the things created in this world whether animal or vegetation has a power source or mazal (fortune) connected on high, and each thing was created in its own species, for this, The Mighty King made a foundation for them in the beginning of creation, so that each one would have their own unique species. So, someone who mixes, or grafts two species together changes and weakens the acts of creation which the Torah writes about them, ‘according to their species’ (Breishis 1:12, 21, 25), and he does the opposite of Hashem who wants to differentiate between each species. It is as if this person makes himself appear that he thinks what The Holy One Blessed Be He has created in this world isn’t enough and he wants to outsmart and add more species, new ones, within what the Eternal One has created. The prohibition of plowing an ox and donkey is for the same reason because it is the custom of farmers after plowing to bring the yoke [with the two animals] into one barn and it would lead into crossbreeding and giving birth to strange breeds resulting in the weakening of creation.” (Click here for Hebrew text.)
According to this Sifra, even though Rabbeinu Bachya has compelling reasoning why forbidden mixtures are prohibited, nevertheless gentiles and the yetzer hara would try to convince Jews that these laws are silly, really make no sense, and that there are benefits to cross breeding. So why not use them and enjoy them?
What is the underlying difference between a law and a decree? Why would any commonsense gentile agree that murder, adultery, or stealing are of course forbidden but eating kosher, or not wearing a suit which was made out of a mixture of wool and linen is ridiculous, even if there Divine logic is explained?
It would seem that the difference between a law and a decree is that a law has a sense of logic behind it. It just makes sense, it can’t be questioned, and of course it must be observed; how can there be law and order, a functioning society without it? But a decree doesn’t have the natural sense, that feeling inside oneself, to obligate a person to observe it. Therefore the Torah teaches us, “I am Hashem,” that one must have an incredibly strong sense of emuna, faith and belief in Hashem, in order to fight off all the excuses that may face a person and deter his or her observance.
Ultimately emuna is the key and basis for observing Hashem’s Torah. Either to make sense of His decrees, or to help combat the lust and desires that might stop one from carrying out His laws.